The Trump administration had appealed to lift the block on the ban imposed by a Hawaiian federal judge.
Hawaii Attorney General Doug Chin said on Hawaii News Now Sunrise the decision would virtually guarantee the president would have to seek approval from the U.S. Supreme Court to move forward.
The case was originally brought by the American Civil Liberties Union and the National Immigration Law Center.
As NCRM reported in April, out of the very few (less than 1%) 9th Circuit cases the Supreme Court accepts for review, 79% are overturned.
Sessions said the court’s decision “has a chilling effect on security operations overall”.
A three-judge panel said the administration failed to show that blocking citizens from Iran, Libya, Somalia, Sudan, Syria and Yemen was needed to protect the US. Trump, the court wrote, had not demonstrated a “link between an individual’s nationality and their propensity to commit terrorism or their inherent dangerousness”.
He says “these are very unsafe times” and the USA needs “every available tool at our disposal to prevent terrorists from entering the United States and committing acts of bloodshed and violence”.
The judges pointed to a June 5 tweet by Trump saying the order was aimed at “dangerous countries”. “It doesn’t make our country safer, but instead fuels the narrative of those intent on harming the United States”, said Human Rights First’s Jennifer Quigley. The court typically also has the last word when a federal court strikes down a law or presidential order.
The state says the policy is unconstitutional because it shows anti-Muslim bias.
The White House predicted a win at the Supreme Court.
Like the initial executive order, it also suspended the nation’s refugee program.
Trump previously attacked the Ninth Circuit back in April when it halted implementation of an executive order targeting “sanctuary” cities.
The Ninth Circuit also found that the president acted improperly in decreasing the number of admitted refugees. “The decision is a welcome reminder that the federal courts serve an invaluable function in our system of checks and balances”.
Trump issued his initial travel ban on a Friday in late January, bringing chaos and protests to airports around the country.
A Maryland judge had blocked the travel earlier as well. The order does not tie these nationals in any way to terrorist organizations within the six designated countries.